Patent Cooperation Treaty Yearly Review 2019
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Patent Cooperation Treaty Yearly Review 2019 The International Patent System Patent Cooperation Treaty Yearly Review 2019 The International Patent System Except where otherwise indicated, this publication is licensed under the Creative Commons Attribution 3.0 IGO License. The user is allowed to reproduce, distribute, adapt, translate and publicly perform this publication, including for commercial purposes, without explicit permission, provided that the content is accompanied by an acknowledgement that WIPO is the source and that it is clearly indicated if changes were made to the original content. Suggested citation: WIPO (2019), PCT Yearly Review 2019: The International Patent System. Geneva: WIPO. Adaptation/translation/derivatives should not carry any official emblem or logo, unless they have been approved and validated by WIPO. Please contact us via the WIPO website to obtain permission. For any derivative work, please include the following disclaimer: “The Secretariat of WIPO assumes no liability or responsibility with regard to the transformation or translation of the original content.” When content published by WIPO, such as images, graphics, trademarks or logos, is attributed to a third party, the user of such content is solely responsible for clearing the rights with the right holder(s). © WIPO, 2019 To view a copy of this license, please visit https://creativecommons.org/ licenses/by/3.0/igo First published 2019 The designations employed and the presentation of material throughout World Intellectual Property Organization this publication do not imply the expression of any opinion whatsoever 34, chemin des Colombettes, P.O. Box 18 on the part of WIPO concerning the legal status of any country, terri- CH-1211 Geneva 20, Switzerland tory or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. ISBN: 978-92-805-3031-5 This publication is not intended to reflect the views of the Member Attribution 3.0 IGO States or the WIPO Secretariat. The mention of specific companies or (CC BY 3.0 IGO) products of manufacturers does not imply that they are endorsed or recommended by WIPO in preference to others of a similar nature that Photo credits: Getty Images / chinaface are not mentioned. Printed in Switzerland Table of contents Acknowledgements 4 C. Statistics on the performance Further information 4 of the PCT System 73 Highlights 73 Key numbers for 2018 5 PCT applications by publication language and filing medium 77 Special theme: Timeliness in processing PCT 40 years of the Patent applications by the International Cooperation Treaty 7 Bureau 78 Efficiency in processing PCT A. Statistics on applications by the the international phase: International Bureau 79 PCT applications 21 Receiving offices 81 Highlights 21 International searching authorities 84 Global trends in PCT applications 27 Supplementary international PCT applications by receiving office 28 searching authorities 88 PCT applications by origin 29 International preliminary PCT applications by applicant type 32 examining authorities 88 Top PCT applicants 35 PCT-Patent Prosecution PCT applications by fields Highway pilots 90 of technology 40 PCT applications filed via ePCT 91 Participation of women inventors in PCT applications 43 Annexes 93 Statistical table 47 A brief presentation of the Patent Cooperation Treaty 93 B. Statistics on PCT Data description 96 national phase entries 51 Acronyms 97 Highlights 51 Glossary 98 Global trends in PCT national PCT Contracting States 102 phase entries 55 National phase entries by origin 56 National phase entries by office 59 Patent applications by filing route 63 Top applicants in foreign-oriented patent families 66 Statistical table 68 3 Acknowledgements The PCT Yearly Review was developed under the direction of Francis Gurry (Director General) and supervised by Carsten Fink (Chief Economist). The report was pre- pared by a team led by Bruno Le Feuvre and comprising Kyle Bergquist, Mosahid Khan, Ryan Lamb, Anastasiya Letnikava and Hao Zhou, all from the Economics and Statistics Division. Thanks go to colleagues from the Patents and Technology Sector for providing valuable comments on drafts at various stages. Samiah Do Carmo Figueiredo, Caterina Valles Galmès and Cécile Roure provided valuable administrative support. Gratitude is also due to the Communications Division for the editing and design of the review, and to the Printing Plant for their services. Finally, WIPO is grateful to national and regional patent offices for sharing their annual statistics. Further information Online resources The electronic version of the Review, as well as the underlying data used to compile all figures and tables, can be downloaded atwww.wipo.int/ipstats . This webpage also provides links to the IP Statistics Data Center – offering access to WIPO’s statistical data – and the IP Statistical Country Profiles. The following other patent resources are available on WIPO's website: • PCT homepage – WIPO’s gateway to PCT resources for applicants, offices and the public. • PCT Newsletter – PCT monthly publication containing information about the filing of PCT applications and news about changes relating to the PCT. • PATENTSCOPE – enables the search and download of published PCT applica- tions and national/regional patent collections. Also provides access to related patent and technology information programs and services. Contact information Economics and Statistics Division Website: www.wipo.int/ipstats Email: [email protected] 4 Key numbers for 2018 630,000 (+2.3%) PCT national phase entries 253,000 (+3.9%) PCT applications filed 54,341 (+3.8%) Applicants 127 (+1) Countries in which PCT applications were filed 57.3% (+1 percentage point) Share of PCT national phase entries in worldwide non-resident filings 17.1% (+0.8 percentage points) Share of women among PCT inventors Note: The latest available year for PCT national phase entry data is 2017. “Applicants” refers to first named applicants in published PCT applications. 5 6 Special theme: 40 years of the Patent Cooperation Treaty Over a period of 40 years, the Patent Cooperation months. This is why 1979 – the first full year of oper- Treaty (PCT) has steadily grown and is now the largest ation – is also used as a reference year in the analy- international intellectual property (IP) filing system for sis. By contrast, data for PCT national phase entries the World Intellectual Property Organization (WIPO) (NPEs) are only partially complete, as few such data and the preferred filing route for applicants seeking are available for the period before 1995. Given the time patent protection in foreign jurisdictions. required to collect data from offices around the world, 2017 is the latest available year for NPEs. The NPEs In 1978, the PCT entered into force in 13 member period analyzed here is therefore 23 years. States. During that year, the PCT gradually came into operation. Patent offices – acting as receiving offices – began to receive and process PCT applications starting Box 1. on June 1, 1978. That same day, the European Patent Main changes to the PCT legal framework Office (EPO), the United States Patent and Trademark since 1978 Office (USPTO) and the patent offices of Germany, Sweden, Switzerland and the United Kingdom (U.K.) Over the past four decades, the PCT System has received their first PCT applications, from a total of 12 constantly improved for both applicants and patent PCT applications filed. By comparison, in 2018, appli- offices. One of the reasons for the PCT’s success cants filed a total of almost 700 PCT applications per over the years has been member States’ responsive- day, on average. ness and willingness to adapt the PCT System to the ever-changing needs of stakeholders. Through amend- This year’s special theme analyzes the long-term trends ments to the PCT Regulations, the System has con- for the two phases of the System, the international tinually been modernized, made safer, more applicant and the national phases (for details, see annex, A brief friendly, and more useful as a filing tool for applicants presentation of the Patent Cooperation Treaty). Since and a work-sharing tool for offices. the PCT first began operating, additional key global economic players have emerged – notably China – While change is constantly underway in the PCT, three and innovation has shaped the development of new major reform processes deserve special mention: products, such as smartphones. These developments are apparent in the long-term statistics of the interna- • In 1984, the Assembly of the PCT adopted many tional phase of the PCT. We will also see which appli- amendments to the legal framework, affecting more cants have made the greatest use of the PCT and in than one third of PCT Regulations. Based on the which countries and regions of the world applicants experience gained since PCT operations first began have applied the most for patent protection through in 1978, these amendments simplified the System, the PCT over time. streamlined procedures and introduced greater safeguards against the possible mistakes that an Complete data are available for the international phase. applicant might make when filing. Analysis can therefore span in its entirety the period • In 2000, member States launched a second major during which the System has been in existence. Since process of reform of the PCT legal framework, which the first PCT filing was made on June 1, 1978, the full continued until 2007. This process further harmo- period covered by the analysis is 40 years and seven nized requirements as to the form and contents of 7 PCT YEARLY REVIEW 2019 SPECIAL THEME SPECIAL a PCT application, introduced written opinions on exception of Argentina. About three-quarters of middle- patentability criteria at international search, provided income countries were also members of the PCT, as for an optional supplementary international search, were just over 70% of low-income economies. modified time limits, notably for national phase entry, and enabled electronic filing media. Up until 1990, high-income countries represented the • In 2010, member States endorsed the so-called majority of member States.